DANCEST 805 Lecture Notes - Lecture 42: Pacta Sunt Servanda, Res Judicata, Peremptory Norm
Document Summary
The modern theory of sources is reflected in art. 38 of the statute of the international court of. Justice, which is based on the (positivist) consensual theory. Opinio iuris sive necessitatis: subjective criterion for custom international law, i. e. state practice only creates a legally binding custom when it is accepted as law. Evidence of opinio iuris is needed only in case of behaviors stemmed from non-legal motivations. All state actions must be taken into consideration, both physical acts (the conduct of military operations) and (public) verbal acts (diplomatic statements). What are the primary and secondary legal sources in the national legal system in your country: art. 38 of the statute of the international court of justice. Primary sources: international treaties (conventions), customary international law (state practice + opinio iuris sive necessitatis), international principles of law (equity, good faith, pacta sunt servanda, res iudicata).
